The Court held that remanding for nonsummary contempt proceedings after vacating a summary conviction for insufficient findings is improper when the original contempt was appropriately handled summarily (because it occurred in the judge’s presence) however, the record was too insufficient to support a conviction and the original proceeding has long concluded.

In People v Szalma, the Michigan SCT held that a case for a new trial would subject a defendant to double jeopardy where the trial court had already determined that the prosecutor failed to present sufficient evidence to convict and granted a directed verdict of acquittal.